Prosser on Torts: Defamation And Privacy

Defamation Overview

Defamation involves the publication of statements that harm a person’s reputation. The chapter outlines the elements needed to establish a defamation claim: a false statement, publication to a third party, fault amounting to at least negligence, and damages. Special considerations apply to public figures and officials, who must prove 'actual malice' to succeed in their claims.

• The distinction between slander (spoken) and libel (written) impacts damages and proof requirements.
• Public figures face a heightened burden of proof due to First Amendment protections.

Defenses to Defamation

Prosser discusses several defenses against defamation claims, including truth, privilege, and consent. The truth of the statement is an absolute defense, while certain privileged communications (e.g., legislative proceedings or judicial comments) can shield individuals from liability even if the statements are false. The chapter also notes that consent can negate the claim if the plaintiff agreed to the publication of the statement.

• Truth is an absolute defense in defamation cases.
• Absolute and qualified privileges provide defendants protection under specific circumstances.

Invasion of Privacy

The chapter examines the tort of invasion of privacy, which encompasses four key categories: appropriation of name or likeness, intrusion upon seclusion, false light, and public disclosure of private facts. Each category presents distinct elements and challenges for plaintiffs, emphasizing the balance between individual privacy rights and freedom of expression.

• Invasion of privacy claims differ based on the nature of the invasion and expectations of privacy.
• Public disclosure of private facts claims require the information disclosed to be both private and offensive to a reasonable person.

Damages in Defamation and Privacy Cases

Damages play a pivotal role in both defamation and privacy claims, with the chapter distinguishing between general, special, and punitive damages. General damages are presumed in defamation cases, while special damages must be proven in libel cases. Privacy claims offer varying remedies based on the type of invasion and the resulting harm to the plaintiff's reputation or well-being.

• General damages for defamation are presumed; special damages require specific proof of financial loss.
• In privacy cases, damages might be based on emotional distress or humiliation.

Defamation

A false statement that injures a person's reputation.

Privilege

A legal immunity from liability for statements made in certain contexts.

Invasion of Privacy

Intrusion into a person's private affairs leading to emotional distress or reputational harm.